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WU Research
Research . 2014
Data sources: WU Research
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SSRN Electronic Journal
Article . 2014 . Peer-reviewed
Data sources: Crossref
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BEPS Action 6: Introducing an Antiabuse Rule in Tax Treaties

Authors: Lang, Michael;

BEPS Action 6: Introducing an Antiabuse Rule in Tax Treaties

Abstract

The OECD's public discussion draft 'BEPS Action 6: Preventing the Granting of Treaty Benefits in Inappropriate Circumstances' proposed a series of rules for the OECD model. The draft for Article X, "Entitlement to Benefits," the first five paragraphs of which are described therein as "specific antiabuse rule aimed at treaty shopping", are meant to establish a limitation on benefits provision. Article X(6) contains a general antiabuse rule. The analysis carried out here shows that upon closer examination, the proposed antiabuse rule turns out to have no legal relevance. Yet the mere existence of this rule will cause uncertainty, and individual tax administrations and courts will not be deterred from using it as a basis for the denial of treaty benefits. Similar and equally justified criticism would also be directed against any other tax rule that makes combating tax avoidance subject to a combination of objective and subjective requirements. When it is not certain whether an arrangement chosen by a taxpayer is covered by a treaty provision, practitioners will not ask for the object and purpose of the treaty provision but will apply a vague antiabuse provision instead, and the facts will be assessed based on the practitioner's legal instinct and not from the law. Alternatively, tax administrations and courts will be tempted to restrict themselves to the alleged clear wording and to ignore the object and purpose of the legal provisions. If, however, the OECD cannot be prevented from introducing a general antiabuse rule similar to Article X(6) into the model, it will not only impair the quality of the OECD model but will also contribute to its loss of significance because not all states will be able to accept such a rule in their treaties. (author's abstract)

Country
Austria
Keywords

Besteuerung / Abkommen / OECD / Regulierung / Missbrauch, WU International Taxation Research Paper Series, RVK QM 400, PS 4200, PP 8060

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
30
Top 10%
Top 1%
Top 10%
Green